• Challenging the Innocent Landowner Defense Under CERCLA - Coppola v. Smith Reinforces the Importance of ASTM Compliance as Part of a Commercial Land Purchaser’s Environmental Due Diligence
  • April 22, 2015 | Author: Hubert T. Lee
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In Coppola v. Smith, No. 1:11-CV-01257-AWI, 2015 WL 224730, (E.D. Cal. Jan. 15, 2015), a federal court in the Eastern District of California denied a defendant commercial property purchaser’s “innocent landowners” defense to a claim for cost recovery under CERCLA, finding there was a genuine issue of disputed material fact as to whether the defendant made the necessary “all appropriate inquiries” in regards to a May 1995 commercial property purchase required to avail itself under the innocent landowner defense.